APHC010578112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30376/2024 Between: Eda Surya Rao and others ...PETITIONER(S) AND The State of AP and others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.30376 of 2024 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not protecting Government water tank situated in Ac.1.14 cents in Survey Number 231-12 of Vegivada Village, Pedavegi Mandal, Eluru District from being encroached upon by respondents 12 to 15 as illegal, irregular, arbitrary, violative of provisions of Andhra Pradesh Water, Land and Trees Act, 2002, Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 6 to 11 to protect the said tank for its intended public purpose without allowing any encroachment from anybody by initiating necessary action on petitioners’ representation dated 28.10.2024 and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. Heard learned counsel for the petitioners and learned counsel appearing for the respondents. 3. The 8th respondent/Panchayat Secretary, Vegiwada Village, Pedavegi Mandal, Eluru District has addressed the written instructions to the learned Standing Counsel for Gram Panchayats, A.P.High Court. As seen from the written instructions furnished by the Panchayat Secretary, it transpires that Ramannakoneru is situated in Sy.No.231-12 was encroached by some persons and for taking necessary action, Gram Panchayat passed resolution and requested the Tahsildar, Pedavegi to get survey for taking necessary action. In the meantime of awaiting survey report of the Tahsildar, the petitioners have approached this Court by way of this writ petition. It is further 3 submitted that there is no proposal to form road in the said tank as alleged by the petitioners. 4. In view of the averments made in the written instructions, this Court is inclined to dispose of this writ petition directing the respondents to take appropriate steps to remove the encroachments, if any, in the Government water tank situated in Ac.1.14 cents in Survey No.231-12 of Vegivada Village, Pedavegi Mandal, Eluru District, by following the procedure as established by law. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 20.01.2025 SPP 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.30376 of 2024 Date : 20.01.2025 SPP